Legal Scrutiny Report

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LEGAL SCRUTINY REPORT

26.11.2018

To

M/s. Repco Bank Ltd,


T.Nagar Branch,
Chennai.

Dear Sir,

1. Name and Address of Mortgagor:

Mr.T.Paulraj
S/o. Mr.Thangasamy
Old.No.172, New.No.222,
Third Floor, R.K.Mutt Road,
Mandaiveli,
Chennai – 600028

2. Details / Description of property

SCHEDULE

All that piece and parcel of house, ground, and premises bearing
Old Door No.172/2, New No.222, Previous Door No.96,
Ramakrishnamadam Road, (R.K.Mutt Road), Robertsonpet, Raja
Annamalaipuram, Chennai -600 028, comprised in O.S.No.4122 part,
R.S.No.4122/31, measuring an extent of 1036 Sq.ft., of land in the
Ground Floor with the superstructure thereon and 1474 Sq.ft of surface
area in the First Floor extending over the top of the superstructure of
438 Sq.ft., owned by Perumal situated on the ground floor, along with all
the superstructures and upper floors thereon , the land being bounded
by

North by Common passage and Southern wall of Perumal’s shop


in the Ground floor
South by Mallika’s house
East by Ramakrishna Mutt Road
West by Property belonging to Masilamani Mudaliar

situated within the Registration District of South Chennai and Sub-


Registration District of Mylapore.
3. Details / Description of Documents Scrutinized:-

S.NO DESCRIPTION OF DOCUMENT NATURE

1. Sale Deed executed by Sri.M.Natesa Mudaliar and others to and Photocopy


in favour of Sri.R.Ramanjalu Gramani, Doc.No.996/1959, dt
30.05.1959, S.R.O. Mylapore

2. Release Deed executed by Mr.R.Munusamy and another, to and Photocopy


in favour of Mrs.Thaiyanayaki ammal and 9 others ,
Doc.No.2195/1979, dt. 24.12.1979, S.R.O Mylapore

3. Release Deed executed by Mr.R.Thirunavukarasu to and in Photocopy


favour of Mrs.Thaiyanayaki ammal and 7 others,
Doc.No.1539/1980, dt.18.08.1980, S.R.O Mylapore.

4. Release Deed executed by Mr.R.Dilli to and in favour of Photocopy


Mrs.Thaiyanayaki ammal and 5 others, Doc.No.1285 of 1982 ,
dt.19.07.1982, S.R.O Mylapore.

5. Sale Deed executed by Mrs.Thaiyanayaki ammal and 7 others Photocopy


to and in favour of C.Perumal, Doc.No. 376/1982,
dt.10.03.1982, S.R.O. Mylapore

6. Sale Deed executed by Mrs.Thaiyanayaki ammal and 6 others Original


to and in favour of Mr.T.Paulraj, Doc.No.1273/1983,
dt.03.10.1983, S.R.O. Mylapore

7. Agreement entered into between Mr.C.Perumal and T.Paulraj, Photocopy


Doc.No.1297/1983, dt.12.10.1983

8. Deed of Mortgage executed by Mr.Paulraj to and in favour of Photocopy


George Town Co-operative Society Bank, rep.by G.R.Ramasamy,
Doc.No.28/1984, dt.12.01.1984, S.R.O. Mylapore

9. Loan closure letter issued by George Town Co-operative Society Photocopy


Bank, to and in favour of T.Paulraj, dt.11.04.2003

10. Endorsement / Discharge Receipt executed by George Town Co- Photocopy


operative Society Bank, to and in favour of Mr.Paulraj,
Doc.No.3077/2005, dt.10.11.2005, , S.R.O. Mylapore

11. Letter dt. 26-11-2004 issued by Vijaya Bank to Mr. T.Paulraj Photocopy

12. Order passed by the Chennai Debt Recovery Tribunal.No.2, Photocopy


dt.22.05.2006 in D.R.C.No.511/2001 in T.A.No.25/2001,
Doc.No.51/2006, dt.31.05.2006, S.R.O. Mylapore

13. Deed of Mortgage executed by Mr.Paulraj and 4 others, to and Photocopy


in favour of Repatriates Co-operative Finance and Development
Bank Ltd., Doc.No.3170/2005, dt.16.11.2005, S.R.O. Mylapore

14. Discharge receipt executed by Repatriates Co-operative Finance Photocopy


and Development Bank Ltd. to and in favour of Mr.Paulraj,
Doc.No.1488/2014, dt.20.05.2014, S.R.O. Mylapore

15. Extract of Permanent Land Register issued in the name of Photocopy


Mr.T.Paulraj, vide C.A.No.384, dt.03.01.1973

16. Receipt of Property Tax issued in the name of T.Paulraj, Photocopy


Receipt.No. 2017-18/N173/1087130, dt.02.03.2018

17. Receipt of Property Tax issued in the name of T.Paulraj, Photocopy


Receipt.No. 2017-18/N173/1340936, 30.03.2018

18. EB Card issued in the name of Mr.T.Paulraj Photocopy

19. Receipt issued in the name of Thiru.T.Paulraj by Chennai Photocopy


Metropolitan Water Supply and Sewerage Board,
Receipt.No.773014, Ref.No.201713091614, dt.09.10.2017

20. Receipt issued in the name of Thiru.T.Paulraj by Chennai Photocopy


Metropolitan Water Supply and Sewerage Board,
Receipt.No.774625, Ref.No.201713092527, dt.05.03.2018

21. Receipt issued in the name of Thiru.T.Paulraj by Chennai Photocopy


Metropolitan Water Supply and Sewerage Board, Receipt.No.
0078649, Ref.No.201813091425, dt.20.09.2018

22. E.C for the period from 01.01.1970 to 13.04.1983, vide E.C.No. Photocopy
738/1983, dt.19.04.1983

23. E.C for the period from 01.01.1959 to 18.01.1984, vide Photocopy
E.C.No. 91/1984, dt. 20.01.1984

24. E.C for the period from 01.01.1983 to 03.01.2002, vide Photocopy
E.C.No.82, dt.01.01.2002

25. E.C for the period from 01.01.1987 to 24.07.2017, vide Photocopy
E.C.No.2942, dt.25.07.2017

26. E.C for the period from 01.07.2017 to 28.10.2018, vide Photocopy
E.C.No.5097/2018, dt. 01.11.2018

27. E.C for the period from 01.01.1983 to 31.12.1983, vide Photocopy
E.C.No.5497/2018, dt.26.11.2018

Brief History of the property and how the owner/ mortgagor has derived
title.

The property under scrutiny, being a land with residential building


measuring 1036 Sq.ft with Ground Floor of 600 Sq.ft, First Floor of 1474 Sq.ft
( i.e)150 Sq.ft. built up and the rest open terrace in the First Floor ( with the
extent of 438 Sq.ft., in the First Floor covering in the Perumal’s property)
earlier the land formed part of a larger extent of land bearing Plot no. 50,
comprised in R.S. No. part of 4122, G.S. No. 332, C.C.No.G. 1046, measuring
in total, an extent of 1 ground 2200 sq.ft.
It can be seen from the parent document that the said plot was derived
from larger extent of land measuring 9 grounds 1718 Sq.ft consolidated from
the land comprised in R.S.No.4122 originally owned by Mr.M.Annamalai
Mudaliar wherein a partition had effected via.C.S.No.765/19 to his legal heirs
namely (1) Mr. M.Natesa Mudaliar (2)Mr.M.Chokkalainga Mudaliar (3)
M.Swaminatha Mudaliar and the vacant land comprised in R.S.No.4120
purchased in the name of Mr.M.Nainiyappa Mudaliar.

One Mr.Ramanjalu Gramani had purchased the said plot from the joint
owners namely (1) Mr. M.Natesa Mudaliar and the minors Mr.Balasundaram
and Mr.Senthilvelu rep. by Mr. M.Natesa Mudaliar (2)Mr.M.Chokkalinga
Mudaliar, and the minors - Mr.Shanmugam, Mr.Sabapathy, Mr.Kanappan and
Ms.Meenakshi Sundaram rep. by Mr.M.Chokkalinga Mudaliar (3)
Mr.M.Swaminatha Mudaliar and the minor Mr.Ramanathan rep.by
Mr.M.Swaminatha Mudaliar , under a deed of sale dated 30.05.1959 registered
as Doc.No.996 of 1959 of Book I, vol……in the office of the Sub-Registrar
Mylapore.

[[[[Agreement of Sale entered into between Mrs.Thaiyanayaki ammal and Mrs.


Meenakshi Ammal and another, Doc.No.2196/1979, dt.22.12.1979]]]

It is found that three other legal heirs of Mr.R.Ramanjalu Gramani had


relinquished their rights in favour of the remaining legal heirs, namely (1)
Mr.R.Munusamy under a Release Deed dated 24.12.1979, registered as
Doc.No.2195 of 1979 in the office of Sub-Registrar, Mylapore (2)
Mr.R.Thirunavukarasu under a Release Deed dated 18.08.1980, registered as
Doc.No.1539 of 1980 in the office of Sub-Registrar, Mylapore (3) Mr.R.Dilli
under a Release Deed dated 19.07.1982, registered as Doc.No.1285 of 1982 in
the office of Sub-Registrar, Mylapore.

The said Mr.R.Munusamy and minor son Mr.Makesh rep.by


Mr.R.Munusamy released their rights to an extent measuring 1412 Sq.ft
forming a part of the said plot to and in favour of Mrs.Thaiyanayaki ammal and
8 others under a Deed of Release dated 24.12.1979, registered as
Doc.No.2195 of 1979, Book I, vol 942, Pages 359 to 362 in the office of Sub-
Registrar, Mylapore.

The said Mr.R.Thirunavukarasu released his rights to an extent measuring


1412 Sq.ft forming a part of the said plot, to and in favour of Mrs.Thaiyanayaki
ammal and 7 others under a Deed of Release dated 18.08.1980, registered as
Doc.No.1539 of 1980, of Book I, vol 965, Pages 465 to 466 in the office of Sub-
Registrar, Mylapore
The said Mr.R.Dilli released his rights to an extent measuring 800 Sq.ft
forming a part of the said plot, to and in favour of Mrs.Thaiyanayaki ammal
and 5 others under a Deed of Release dated 19.07.1982, of Book I, vol 1033,
Pages 475 to 478 in the office of Sub-Registrar, Mylapore.

In respect of the property under scrutiny being land with superstructure


measuring an extent of 1036 Sq.ft. forming a part of the said plot (1)
Mrs.Thaiyanayaki ammal W/o Ramanjalu Gramani (2)R.Rajendran
(3)Mrs.Nagabushannammal (4)Mrs. Rani (5)R.manoranjitham (6)R.Shanthi (7)
R.Vasanthi conveyed the said property to and in favour of Mr.T.Paulraj under a
Deed of Sale dated 03.10.1983 registered as Doc.No.1273 of 1983 of Book I vol
…… pages ……..in the in the office of the Sub-Registrar Mylapore.

The property so stated under the ownership of Mr.C.Perumal measuring


an extent of 410 Sq.ft, also forms a part of extent measuring 1 ground 2200
sq.ft executed in his favour by Mrs.R.Thaiyanayaki ammal and 7 other legal
heirs by a Deed of sale dated 10.03.1982 registered as Doc.No.376 of 1982,
Book I vol 1020 pages 203 to 207 in the office of Sub-Registrar, Mylapore.

It is found that a mutual agreement was entered into between


Mr.T.Paulraj and Mr.C.Perumal with terms and conditions pertaining to the
reconstruction of Mr.T.Paulraj’s property, if any, without detrimental to
Mr.C.Perumal’s property and his wall. The said agreement was registered as
Doc.No.1297 of 1983, dated 12.10.1983, in the office of Sub-Registrar,
Mylapore.

It can be seen from the documents that the said Mr.T.Paulraj had
borrowed loan from George Town Co-operative Bank by mortgage of the said
property in favour of George Town Co-operative Bank by executing a Deed of
Mortgage dated 12.01.1984 registered as Doc.No.28 of 1984 of Book I vol
1063 pages 105 to 106, in the Office of the Sub-Registrar, Mylapore. The said
mortgage had subsequently been discharged and a certificate had been issued
stating loan closure and return of documents, dated 11.04.2003.

The said property was attached in a proceeding numbered as …….. before


the Chennai Debt Recovery Tribunal No.2, dated………..and subsequently in
respect of the said property an order of lift of attachment was passed by the
said Forum, dated 22.05.2006.

As the absolute owner of the said property, Mr.T.Paulraj had borrowed


loan from Repatriates Co-operative Finance & Development Bank Ltd.,by
executing a Deed of Mortgage dated 16.11.2005 registered as Doc.No.3170 of
2005 of Book I vol…..pages …., in the Office of the Sub-Registrar, Mylapore.
The said mortgage had been subsequently discharged by a Receipt dated
20.05.2014 registered as Doc.No.1488 of 2014 of Book I in the Office of the
Sub-Registrar, Mylapore.

In respect of the said property the EB card, the receipts issued by the
Chennai Metropolitan Water Supply and Sewerage Board, and property Tax
receipts issued by the Corporation of Chennai stands in the name of
Mr.T.Paulraj.

All the Encumbrance Certificates have been perused and no encumbrance is


found.

OPINION

On perusal of the documents produced, I am of the opinion that


Mr.T.Paulraj S/o Mr.P.Thangasami is the absolute owner of the property
under scrutiny and he has got a good, valid and marketable title over the same.

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